House of Commons Journal Volume 4: 29 November 1645

Die Sabbati, 29 Novembris, 1645.

Prayers.

REsolved, &c. That a Warrant issue, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to issue, for the Election of a Burgess to serve for Honniton in the County of Devon, in the place of Sir William Poole, formerly elected to serve as a Burgess for that Place, and since disabled, by Judgment of this House.

Ordered, That the Sheriff for the County of Devon be forthwith sworn: And that those whom it concerns, do administer the Oath in Form usual.

Ordered, That Mr. Reynolds, a Member of this House, have the Allowance of Four Pounds per Week for his Subsistence, in like manner as many other Members have, out of the Revenue. This Allowance to begin from the same Time as other Members have their Allowances: And the Committee of the Revenue are to make Payment accordingly.

Ordered, That Mr. Wastall, a Member of this House, shall have the Allowance of Four Pounds per Week for his Subsistence, in like manner as many other Members have, out of the Revenue. This Allowance to begin from the same Time as other Members have their Allowances: And the Committee of the Revenue are to make Payment accordingly.

Ordered, That it be referred to the Committee of Excise, to confer with the Commissioners, and the Comptroller, and to consider of the Business concerning Intervals; and of an Expedient touching them; and likewise of an Expedient for a further Credit upon the Excise; and to represent the State of all to the House upon Tuesday next.

Ordered, That it be referred to this Committee, to consider of an Expedient for the Satisfying and Payment of the Ordinance for Croyland Garison.

Ordered, That Sir John Strangewaies be forthwith sent for, and brought to the Bar by the Serjeant at Arms.

Resolved, &c. That Sir John Strangewaies be forthwith committed Prisoner to the Tower, for committing HighTreason against the Parliament and Kingdom.

Sir John Strangewaies was brought to the Bar; and, kneeling there, Mr. Speaker acquainted him with the Horridness and Transcendency of his Crimes and Treasons; and that he was, by Order of this House, committed Prisoner to the Tower for High-Treason.

Ordered, That Mr. Allestree, Sir William Dalston, and Mr. Whistler, sometimes Members of this House, and since disabled by Judgment of this House, be brought to the Bar, by the Serjeant at Arms, on Monday next.

Sir Thomas Widdrington proceeded in his Report from the Grand Committee, concerning Propositions to be sent to his Majesty for a safe and well-grounded Peace: And

It is thereupon Resolved, &c. That the Third Qualification of the Fourteenth, now the Fifteenth Proposition, shall stand thus; viz. "All Persons who have had any Hand in the plotting, designing, or assisting the Rebellion of Ireland, except such Persons, who, having only assisted the said Rebellion, have rendered themselves, or come in, to the Parliament of England."

Resolved, &c. That the Fourth Qualification of the Fourteenth, now the Fifteenth Proposition, shall stand as followeth; viz. "That Humphry Bennet Esquire, Sir Edward Ford, Sir John Penruddock, Sir George Vaughan, Sir John Weld, Sir Robert Lee, Sir John Pate, John Ackland, Edmund Windham, Esquires, Sir John Fitzherbert, Sir Edward Laurence, Sir Ralph Dutton, Henry Lingen Esquire, Sir William Russell of Worcestershire, Thomas Lee of Adlington Esquire, Sir John Girlington, Sir Paul Neale, Sir William Thorold, Sir Edward Hussey, Sir Thomas Biddell senior, Sir Philip Musgrave, Sir John Digby of Nottingham, Sir Henry Fletcher, Sir Richard Minshall, Laurence Halsteed, John Denham, Esquires, Sir Edmund Fortescue, Peter Sainthill Esquire, Sir Thomas Tildesley, Sir Henry Grissith, Michael Wharton Esquire, Sir Henry Spiller, Mr. George Benyon, now called Sir George Benyon, Sir Edward Nicholas, Sir Edward Walgrave, Sir Edward Bishop, Sir Robert Owsley, Sir John Many, Lord Cholmley, Sir Thomas Aston, Sir Lewes Dives, Sir Peter Osborne, Samuel Thorneton Esquire, Sir John Lucas, John Blaney Esquire, Sir Thomas Chedle, Sir Nicolas Kemishe, Hugh Lloyd Esquire, Sir Nicolas Crispe, and Sir Peter Ricaut; and all such of the Scottish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland, and their Proceedings, or have sworn or subscribed the Declaration against the Convention and Covenant; and all such as have assisted the Rebellion in the North, or the Invasion in the South of the said Kingdom of Scotland, or the late Invasion made there by the Irish, and their Adherents."

Resolved, &c. That the Residue of this Qualification shall be divided into these Three several Clauses following; viz.

I. "That the late Members, or any who pretended themselves late Members of either House of Parliament, who have not only deserted the Parliament, but have also sat in the unlawful Assembly at Oxford, called, or pretended, by some, to be a Parliament; and voted both Kingdoms Traitors; and have not voluntarily rendered themselves before the last of October 1644; be removed from his Majesty's Councils; and be restrained from coming within the Verge of the Court: And that they may not, without Advice and Consent of both Kingdoms, bear any Office, or have any Employment, concerning the State or Commonwealth: And, in case any of them shall offend therein, to be guilty of High-Treason, and incapable of any Pardon by his Majesty; and their Estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament of Scotland, respectively, shall think fit."

II. "That the late Members, or any who pretended themselves Members of either House of Parliament, who have sat in the unlawful Assembly at Oxford, called, or pretended, by some, to be a Parliament; and have not voluntarily rendered themselves before the last of October 1644; be removed from his Majesty's Councils; and restrained from coming within the Verge of the Court: And that they may not, without the Advice and Consent of both Houses of Parliament, bear any Office, or have any Employment, concerning the State or Commonwealth: And, in case any of them shall offend therein, to be guilty of High-Treason, and incapable of any Pardon from his Majesty; and their Estates to be disposed as both Houses of the Parliament of England shall think sit."

III. "That the late Members, or any who pretended themselves Members of either House of Parliament, who have deserted the Parliament; and adhered to the Enemies thereof; and have not rendered themselves before the last of October 1644; be removed from his Majesty's Councils; and be restrained from coming within the Verge of the Court: And that they may not, without the Advice and Consent of both Houses of Parliament, bear any Office, or have any Employment, concerning the State or Commonwealth: And, in case any of them shall offend therein, to be guilty of High-Treason, and incapable of any Pardon from his Majesty; and their Estates to be disposed as both Houses of Parliament in England shall think fit."

Resolved, &c. That the Fifth Qualification shall stand in such manner as is hereafter expressed; viz. "That all Judges and Officers towards the Law, Common or Civil, who have deserted the Parliament, and adhered to the Enemies thereof, be incapable of any Place of Judicature or Office towards the Law, Common or Civil: And that all Serjeants, Counsellors, and Attornies, Doctors, Advocates, and Proctors, of the Law, Common or Civil, who have deserted the Parliament, and adhered to the Enemies thereof, be incapable of any Practice in the Law, Common or Civil, either in publick, or in private; and shall not be capable of any Preferment or Employment in the Commonwealth, without the Advice and Consent of both Houses of Parliament: And that no Bishop or Clergyman, no Master or Fellow of any College or Hall in either of the Universities, or elsewhere, or any Master of School or Hospital, or any Ecclesiastical Person, who hath deserted the Parliament, and adhered to the Enemies thereof, shall hold or enjoy, or be capable of, any Preferment or Employment in Church or Commonwealth, or otherwise use their Function of the Ministry, without the Advice and Consent of both Houses of Parliament."

Resolved, &c. That this following shall be added, as a distinct Qualification; videlicet, " That all Persons who have been actually in Arms against the Parliament, or have counselled or voluntarily assisted the Enemies thereof, are disabled to be Sheriffs, Justices of Peace, Mayors, or other Head Officers, of any City or Corporation, Commissioners of Oyer and Terminer, or to sit or serve as Members or Assistants in either of the Houses of Parliament, or to have any military Employment in this Kingdom, without Consent of both Houses of Parliament."

Resolved, &c. That the Sixth Qualification shall stand in this manner; viz. " The Persons of all others to be free of all personal Censure, notwithstanding any Act or Thing done in or concerning this War; they taking the Covenant."

Resolved, &c. The Estates of those Persons excepted in the first Three precedent Qualifications to pay publick Debts and Damages; and the Estates of Edward Lord Littleton, and of William Laud late Archbishop of Canterbury, notwithstanding their being dead.

Resolved, &c. That the Estate of Sir Alexander Carew be freed, notwithstanding that he was named amongst those that were excepted from Pardon in the First precedent Qualification.

Resolved, That the respective Estates of Sir John Hotham, and of Captain John Hotham his Son, be freed, notwithstanding they were named amongst those who were excepted from Pardon in the first precedent Qualification.

Ordered, That the House do proceed in the Report from the Grand Committee, concerning the Propositions for a safe and well-grounded Peace, on Monday Morning next, the first Business.